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This page covers appeals against a decision by a judge in a protection from harassment case. Find out more about appealing against a decision by a deputy registrar.

If you missed a court session and an order was made in your absence, you cannot file an appeal. You may apply to set aside the order instead.

Appeal against a judge's decision for protection from harassment

Judges in the Protection from Harassment Court (PHC) are in charge of hearings.

A party who is not satisfied with a judgment, order or decision by a PHC judge may file an appeal to the General Division of the High Court.

The process depends on the type of proceeding:

Simplified proceedings

To appeal, you will first need to apply for leave to appeal before filing an appeal. Find out the steps to appeal under the simplified proceedings.

Standard proceedings

The process depends on whether the hearing was conducted in chambers (not open to the public) or in open court.

Simplified proceedings: how to appeal

For cases under the simplified proceedings, you will first need to apply for leave to appeal before filing a Notice of Appeal.

Apply for leave to appeal (simplified proceedings)

Key facts

Refer to the following on how you can apply for leave to appeal.

When to file

Within 7 days after the date of the order made by a PHC judge.

Who will hear the application

The PHC judge who made the order you are appealing against.

Estimated fees

$10 to apply for leave to appeal.

How to file

Through the Community Justice and Tribunals System (CJTS).

What you will need

You will need to provide the following information:

How to apply for leave to appeal

Log in to CJTS. Under the Online Applications tab, select PHC, then select Application for Leave to Appeal. For detailed instructions, refer to the CJTS user guide for protection from harassment claims (PDF, 3358 KB).

You will need to serve the notice of the application on the other party within 7 days after the date on which the application is filed.

You can serve in one or more of the following ways if you know the party’s proper address:

  • Leave with that person a copy of the document.
  • Post a copy of the document on the front door of that person's proper address.
  • Send a copy of that document by registered post to that person's proper address.

Note:

  • If you wish to serve in other ways, you must file an application to the court.
  • If you do not know the party’s proper address, the court may direct you to serve in other ways, according to Rule 69 of the Supreme Court of Judicature (Protection from Harassment) Rules. Examples include sending an electronic communication of the document to the party’s email address or social media account, where applicable.

After you file

Both you and the other party must attend the scheduled hearing.

If the court grants you leave, you may file a Notice of Appeal to the General Division of the High Court within 7 days after the date on which leave was given.

Need help?

The information here is for general guidance as the courts do not provide legal advice. If you need further help, you may want to get independent legal advice.

Find out more

Resources

Go to Step-by-step guide

Step-by-step guide

2021/07/23

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